TITLE 5 veyor-general, variant from the true value thereof, or without having personally surveyed and explored the same, he shall be deemed guilty of wilful and corrupt perjury.34 Maps to be made, &c. To be public. S16. The surveyor-general shall make, or cause to be made, a map of each of the tracts so directed to be surveyed, distinguishing on such maps the town and county in which the lots are situate; which maps shall be deposited in his office, and a copy thereof, to be furnished by him, shall also be deposited in the office of the secretary of state.35 $ 17. Such maps and copies shall be open to the inspection of every person, during the stated hours of doing business in the said offices, until the lands described thereon shall be sold.35 ARTICLE THIRD. Of the Sale of the Unappropriated Lands, and the Execution of SEC. 18. Commissioners of land-office may direct sales of unappropriated lands. 19. To fix the minimum price, and to designate newspapers for the publication of notices. 20. To prescribe the amount of purchase money to be paid down. 21. All sales by surveyor-general, to be in the city of Albany, unless otherwise directed by land-office. 22. To give eight weeks notice of time, &c. of sale. 23. Conditions of sale. 24. Penalty on purchaser for refusing to comply with conditions of sale. 25. If conditions complied with, surveyor-general to give purchaser certificate. 26. Rights acquired by purchaser, under a certificate. 27. Purchasers when entitled to letters patent, and to have their obligations cancelled. 23. If certificate is lost or withheld, patent may be issued on proof of the fact. 29. When persons die, having pre-emptive right to lands, commissioners to decide on claims thereto. 30. To establish rules to prevent frauds under two last sections. 31. Lots not sold at public sale by surveyor-general, may be sold to first applicant 32. Duty of applicant, number of lots which he may take. 33. If no application for unsold lots, minimum price may be reduced. 34. Occupant of certain lands, if sold, to recover value of improvements; value how to be ascertained. 35. When surveyor-general to appoint appraisers of improvements. 36. What deductions appraisers to make. 37. Expense of appraisal how paid. 38. Patent not to issue until value of improvements paid. 39. The five preceding sections not to extend to certain lands. 40. Person entitled to grant, dying before it issues, his heirs or devisees entitled to it, 41. In case consideration is not paid, heirs or devisees to execute security therefor. 43. If account be paid, land to be granted; if not, to be sold at auction. 44. Persons entitled to a grant, to apply within twelve months. 45. If not so applied for, land to be sold. 46. If default be made in payment of obligation given for lands, commissioners may or der land to be resold, and previous payments forfeited. 47. In what cases surveyor-general to bid in for the state, lands sold for the purchase monies due. 48. To sell lands so purchased, to applicant, giving preference to last owner. 49. If such lands are newly appraised, to be sold at appraised value. Sec. 50. Lands purchased for the state by the attorney-general, to be sold by surveyor-gene- 51. Also, to sell lands purchased for the state by commissioners of loans, under the act 52. If such re-sale be ordered, notice to be given to occupant to remove. Duty of dis- 53. Proceedings for the removal of occupant; duty and powers of sheriff. 54. If person removed return without permission, how dealt with, and penalty. 55. Fees of judge and sheriff. 56. Upon a re-sale of lands, bonds to be delivered up and cancelled. 57. If lands bought for the state, on a re-sale, commissioners to direct terms of sale. 58. When commissioners to fix time for performance of conditions of a grant. 59. Notice of time so fixed, how given. 60. If conditions not performed within time so limited, grant forfeited. 61 & 62. Terms on which lands in 4th senate district may be sold. 63. Liabilities and duties of purchasers thereof, 64. Duties of assessors in regard to such lands. 65. Attorney-general, when to cause partition to be made of lands held by the state in 66. Lands belonging to the school fund, and certain other lands, to be deemed unappro priated lands. ART. 3. to be sold. $18. The commissioners of the land-office may from time to time, Lands when direct the surveyor-general to sell the unappropriated lands belonging to this state, and not otherwise directed to be disposed of, at public auction, in such parcels as they shall deem most for the interest of the state, and for the promotion of the settlement thereof; but not more than twenty thousand acres shall be sold at any one auction, and each lot shall be separately exposed to sale.36 $19. The commissioners shall, previous to every sale, furnish Proceedings the surveyor-general with a statement of the price of each lot, below which it shall not be sold; and they shall also designate the newspapers in which the surveyor-general shall cause the notices of sale to be published; but they shall in all cases designate at least one newspaper published in the county where the lands to be sold are situated; or if there be no newspaper therein, then they shall designate at least one newspaper that shall be published nearest to such lands.37 $20. The commissioners shall also, previous to every sale, pre- Ib. scribe the amount of purchase money to be paid at the time of sale to the surveyor-general. In fixing this amount, they shall have reference to the value and situation of the lands and the timber thereon, and it shall in no case be less than twenty-five per cent. nor more than seventy-five per cent. of the purchase money. 38 $21. All public sales of lands belonging to the people of this state, Place of sale to be made by the surveyor-general, shall be held by him in the city of Albany, unless he shall be otherwise directed by the commissioners of the land-office. 39 (36) 1. R. L. 295, § 12. (37) Ib. § 13; laws of 1826, p. 327, § 5. (38) Laws of 1826, p. 354, § 4. (39) 1 R. L. § 22. TITLE 5. Notice. Conditions. Penalty for a breach of them. sale. $ 22. He shall give eight weeks previous notice of the time, place, and conditions of such sale, to be published in such newspapers as the said commissioners shall have selected and prescribed. 40 S23. Within forty-eight hours after each sale, the purchaser of each tract shall pay to the surveyor-general the first payment required thereon, and execute a penal obligation conditioned for the payment of the residue of the purchase money to the people of the state of New-York, in six equal annual payments, with interest at the rate of six per cent.41 $24. If any purchaser shall refuse or neglect to make such payment, and to deliver such obligation to the surveyor-general as aforesaid, he shall, for every such refusal or neglect, forfeit the sum of fifty dollars for each lot so by him purchased, to be recovered with costs of suit by the surveyor-general.11 Certificate of $ 25. The surveyor-general, on the delivery to him of such obligation, and on the receipt of such payment, shall give such purchaser a certificate containing the name of the purchaser, a description of the land purchased, the sum paid, and the sum remaining due thereon; and shall deliver such obligation to the comptroller.41 Rights ac it. $26. The certificate of sale given by the surveyor-general, for any quired under lands that have been or may be sold by him, shall not be deemed to confer upon the purchaser, any right to cut down or destroy any kind of wood or timber standing or growing upon such land, unless such right shall be expressly granted by the certificate; but where a right of entering into the possession of any land so sold, shall be vested in the purchaser by the certificate, nothing herein contained shall prevent such purchaser from actually using and applying any wood or timber on the land, to the erection of fences or buildings thereon; nor from using the necessary firewood growing thereon, in his family; nor from actually and fairly improving any such land for the purposes of cultivation.42 Patents when to issue. Upon certifi cate being Just, &c. $27. Whenever any purchaser at a sale made by the surveyorgeneral, or the representatives or assigns of such purchaser, shall produce to the commissioners, the surveyor-general's certificate, with a receipt of the treasurer endorsed thereon, for the whole of the purchase money due thereon, it shall be the duty of the comptroller to cancel the obligation executed by such purchaser on the sale, and letters patent for the lands described in the certificate shall be issued.43 $28. Whenever any such certificate shall be lost or wrongfully withheld by any person from the owner thereof, the commissioners may receive evidence of such loss or wrongful detention; and on sat (40) Laws of 1826, p. 354, § 15; Laws of 1826, p. 327, § 5. (41) 1 R. L. 296, § 16 & 18. (42) Laws of 1826, p. 210, § 4. (43) 1 R. L. 296, § 16. isfactory proof of the fact, may issue a patent to such person as shall ART. 3. appear to them to be the proprietor of the land described in the original certificate.44 of purchaser. $29. Whenever any person shall die, possessed of lands to which Upon death he had, under any law of this state, a pre-emptive right, the commissioners may hear and determine the claims of all persons who may claim to be entitled, in whole or in part, to such pre-emptive right; and on such determination, the person or persons to whom any such pre-emptive right, in whole or in part, shall be awarded, shall be entitled to all the rights and privileges, and be subject to all the restrictions and liabilities, of other purchasers of unappropriated lands.11 $30. The commissioners shall have power to establish such rules, Rules to pre: as in their opinion may be proper, to prevent fraudulent applications on false suggestions, under the two preceding sections.44 vent fraud. be sold at pri $31. Whenever the surveyor-general shall have exposed to sale, Lots when to any lots of the unappropriated lands of this state, pursuant to law, and vate sale. any of such lots shall remain unsold, the commissioners may direct the surveyor-general to issue certificates for the sale thereof, to such persons respectively, as shall thereafter, first make application for any of the said lots, at the minimum price affixed to them.15 $ 32. No person shall be considered as an applicant, unless he Conditions. shall have made the first payment, and executed the obligation required by law; and no one applicant shall be entitled to a grant of more than two lots, except so far as it respects lands in the counties of Saratoga, Washington, Warren, Schenectady, Montgomery, Essex, Clinton and Franklin.4 46 price may be $33. Whenever any lot of the unappropriated lands shall have If not sold, been put up for sale, by the surveyor-general, and no bid shall be re-roduced." ceived for the same, and no application be made for the purchase thereof, within a reasonable time, the commissioners may, if in their opinion the minimum price was fixed too high, lessen the same, and direct the surveyor-general again to advertise, and proceed with the sale thereof.47 ments to be certain cases, $ 34. If any tract of land directed to be sold by the commissioners, Improvewas occupied on the seventeenth day of February, one thousand eight paid for in hundred and nine, and improved to the value of twenty-five dollars, on appraisal. or exceeding that value, the occupant of such improvement shall be entitled to recover from the purchaser, the value thereof, at the time of the sale, to be ascertained by appraisers, one of whom shall be nominated by such occupant, another by the purchaser, and a third, in case of their disagreement, by the other two.48 (44) Laws of 1814, p. 21, § 2 and 3. (45) 1R. L. 297, § 21. (46) Laws of 1815, p. 203, 55. (47) Laws of 1819, p. 300, § 2. (48) 1 R. L. 296, § 17. TITLE 5. $35. If either, such occupant, or purchaser, shall refuse or neglect, on the application of the other, to make such nomination, and to appoint ap- such neglect or refusal shall be proved to the satisfaction of the surcertain cases. veyor-general, he shall appoint appraisers, to ascertain the value of such improvement.49 Surv'r-gen. praisers in Duty of appraisers. Expense. Proof of pay ment before $36. It shall be the duty of the appraisers, in making their appraisement, to deduct from the appraised value of such improvements, a reasonable allowance for the use of the lands by the occupant, and also for the deterioration of the value thereof, by his cutting and carrying away timber therefrom, during such occupancy, or causing it to be done.50 $37. The purchaser and occupant shall each, pay one half of the expense of every such appraisement.49 $38. The commissioners shall not issue letters patent for any such letters issue. tracts of land, until satisfactory proof be produced, that the purchaser has, in the manner prescribed in this Title, or otherwise, satisfied the occupant of such tract, for his improvements thereon.19 Qualification of the five preceding sections. Persons entitled to grant, &c. to take. $39. The preceding five sections shall not extend to any lands that shall have been previously disposed of by the state, or to which the state shall have acquired title by escheat or confiscation, or by purchase at any sale under a mortgage, judgment, or other security, or by conveyance from any person indebted to it.51 $40. Whenever any person to whom a grant of land shall have dying, beirs, been ordered, pursuant to any law of this state, shall die before the issuing of such grant, the heirs or devisees of every such person, shall be entitled to such grant, upon their complying with the conditions, upon which the grant was to have been made. 62 Duty of heirs, &c. if of age. Proceedings when not of age. When land to be granted; when to be sold. $ 41. In case any monies shall remain due to the state, on account of the consideration of such lands, and the execution of the securities for the payment of such consideration, or any part of it, shall appear to be one of the conditions required of the grantee, the heirs and devisees, if of age, shall execute them.52 $ 42. If such heirs or devisees are not of full age, the treasurer and comptroller shall open an account with them for such consideration monies, in their respective offices; and the treasurer shall receive payments and give receipts on such accounts.5 52 $43. When such account shall be paid in full, the grant shall issue to such heirs or devisees; and in case of default in the payment of the monies due on such account, according to the condition of the (49) 1 R. L. 296, § 17. § 5, passed April 21, 1828. (50) Laws of 1817, p. 101, § 4. (51) Laws of 1828, chapter 321, (52) Laws of 1815, p. 201, § 2. |